BILL NUMBER: AB 825	CHAPTERED  10/10/99

	CHAPTER   661
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 6, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 8, 1999
	PASSED THE SENATE   SEPTEMBER 3, 1999
	AMENDED IN SENATE   AUGUST 30, 1999
	AMENDED IN SENATE   AUGUST 17, 1999
	AMENDED IN SENATE   JUNE 29, 1999
	AMENDED IN ASSEMBLY   APRIL 5, 1999

INTRODUCED BY   Assembly Member Keeley

                        FEBRUARY 24, 1999

   An act to amend Sections 527.6 and 527.8 of the Code of Civil
Procedure, to amend Sections 145, 6221, 6380, 6380.5, 6381, and 6383
of the Family Code, to amend Sections 136.2, 836, 13701, and 13711 of
the Penal Code, and to amend Section 213.5 of the Welfare and
Institutions Code, relating to domestic violence.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 825, Keeley.  Domestic violence:  protective and restraining
orders.
   (1) Existing law requires the Department of Justice to maintain a
Domestic Violence Protective Order Registry, as specified.
   This bill would rename that registry the Domestic Violence
Restraining Order System, and require forms for certain protective
and restraining orders to be adopted by the Judicial Council and
approved by the Department of Justice.  The bill would provide that
only protective and restraining orders on these forms may be
transmitted to the Department of Justice, except as specified.  The
bill, however, would also provide that a protective or restraining
order issued by a court that is not on the specified forms would not
be, in and of itself, unenforceable.  The bill would also make
clarifying changes regarding the validity and enforceability of
protective and restraining orders issued by courts other than the
courts of this state.
   The bill would impose a state-mandated local program by requiring
specified protective and restraining orders to be issued only on
these forms.
   (2) The bill would incorporate additional changes to Section 6380
of the Family Code made by this bill and AB 59, to take effect only
if this bill and AB 59 are both enacted and this bill is enacted
last.
   (3) The bill would incorporate additional changes to Section
6380.5 of the Family Code, made by this bill and SB 218, to take
effect only if this bill and SB 218 are both enacted and this bill is
enacted last.
   (4) The bill would incorporate additional changes to Section 836
of the Penal Code made by this bill and SB 218, to take effect only
if this bill and SB 218 are both enacted and this bill is enacted
last.
   (5) The bill would incorporate additional changes to Section 213.5
of the Welfare and Institutions Code, made by this bill and AB 1671,
to take effect only if this bill and AB 1671 are both enacted and
this bill is enacted last.
  (6) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 527.6 of the Code of Civil Procedure is amended
to read:
   527.6.  (a) A person who has suffered harassment as defined in
subdivision (b) may seek a temporary restraining order and an
injunction prohibiting harassment as provided in this section.
   (b) For the purposes of this section, "harassment" is unlawful
violence, a credible threat of violence, or a knowing and willful
course of conduct directed at a specific person that seriously
alarms, annoys, or harasses the person, and that serves no legitimate
purpose.  The course of conduct must be such as would cause a
reasonable person to suffer substantial emotional distress, and must
actually cause substantial emotional distress to the plaintiff.
   As used in this subdivision:
   (1) "Unlawful violence" is any assault or battery, or stalking as
prohibited in Section 646.9 of the Penal Code, but shall not include
lawful acts of self-defense or defense of others.
   (2) "Credible threat of violence" is a knowing and willful
statement or course of conduct that would place a reasonable person
in fear for his or her safety, or the safety of his or her immediate
family, and that serves no legitimate purpose.
   (3) "Course of conduct" is a pattern of conduct composed of a
series of acts over a period of time, however short, evidencing a
continuity of purpose, including following or stalking an individual,
making harassing telephone calls to an individual, or sending
harassing correspondence to an individual by any means, including,
but not limited to, the use of public or private mails, interoffice
mail, fax, or computer e-mail.  Constitutionally protected activity
is not included within the meaning of "course of conduct."
   (c) Upon filing a petition for an injunction under this section,
the plaintiff may obtain a temporary restraining order in accordance
with Section 527, except to the extent this section provides a rule
that is inconsistent.  A temporary restraining order may be issued
with or without notice upon an affidavit that, to the satisfaction of
the court, shows reasonable proof of harassment of the plaintiff by
the defendant, and that great or irreparable harm would result to the
plaintiff.  In the discretion of the court, and on a showing of good
cause, a temporary restraining order issued under this section may
include other named family or household members who reside with the
plaintiff.  A temporary restraining order issued under this section
shall remain in effect, at the court's discretion, for a period not
to exceed 15 days, or, if the court extends the time for hearing
under subdivision (d), not to exceed 22 days, unless otherwise
modified or terminated by the court.
   (d) Within 15 days, or, if good cause appears to the court, 22
days from the date the temporary restraining order is issued, a
hearing shall be held on the petition for the injunction.  The
defendant may file a response that explains, excuses, justifies, or
denies the alleged harassment or may file a cross-complaint under
this section.  At the hearing, the judge shall receive any testimony
that is relevant, and may make an independent inquiry.  If the judge
finds by clear and convincing evidence that unlawful harassment
exists, an injunction shall issue prohibiting the harassment.  An
injunction issued pursuant to this section shall have a duration of
not more than three years.  At any time within the three months
before the expiration of the injunction, the plaintiff may apply for
a renewal of the injunction by filing a new petition for an
injunction under this section.
   (e) Nothing in this section shall preclude either party from
representation by private counsel or from appearing on the party's
own behalf.
   (f) In a proceeding under this section where there are allegations
or threats of domestic violence, a support person may accompany a
party in court and, where the party is not represented by an
attorney, may sit with the party at the table that is generally
reserved for the party and the party's attorney.  The support person
is present to provide moral and emotional support for a person who
alleges he or she is a victim of domestic violence.  The support
person is not present as a legal adviser and shall not give legal
advice.  The support person shall assist the person who alleges he or
she is a victim of domestic violence in feeling more confident that
he or she will not be injured or threatened by the other party during
the proceedings where the person who alleges he or she is a victim
of domestic violence and the other party must be present in close
proximity.  Nothing in this subdivision precludes the court from
exercising its discretion to remove the support person from the
courtroom if the court believes the support person is prompting,
swaying, or influencing the party assisted by the support person.
   (g) Upon filing of a petition for an injunction under this
section, the defendant shall be personally served with a copy of the
petition, temporary restraining order, if any, and notice of hearing
of the petition.  Service shall be made at least five days before the
hearing.  The court may for good cause, on motion of the plaintiff
or on its own motion, shorten the time for service on the defendant.

   (h) The court shall order the plaintiff or the attorney for the
plaintiff to deliver a copy of each temporary restraining order or
injunction, or modification or termination thereof, granted under
this section, by the close of the business day on which the order was
granted, to the law enforcement agencies within the court's
discretion as are requested by the plaintiff.  Each appropriate law
enforcement agency shall make available information as to the
existence and current status of these orders to law enforcement
officers responding to the scene of reported harassment.
   An order issued under this section shall, on request of the
plaintiff, be served on the defendant, whether or not the defendant
has been taken into custody, by any law enforcement officer who is
present at the scene of reported harassment involving the parties to
the proceeding.  The plaintiff shall provide the officer with an
endorsed copy of the order and a proof of service that the officer
shall complete and send to the issuing court.
   Upon receiving information at the scene of an incident of
harassment that a protective order has been issued under this
section, or that a person who has been taken into custody is the
subject of an order, if the protected person cannot produce a
certified copy of the order, a law enforcement officer shall
immediately attempt to verify the existence of the order.
   If the law enforcement officer determines that a protective order
has been issued, but not served, the officer shall immediately notify
the defendant of the terms of the order and shall at that time also
enforce the order.  Verbal notice of the terms of the order shall
constitute service of the order and is sufficient notice for the
purposes of this section and for the purposes of Section 273.6 and
subdivision (g) of Section 12021 of the Penal Code.
   (i) The prevailing party in any action brought under this section
may be awarded court costs and attorney's fees, if any.
   (j) Any willful disobedience of any temporary restraining order or
injunction granted under this section is punishable pursuant to
Section 273.6 of the Penal Code.
   (k) This section does not apply to any action or proceeding
covered by Title 1.6C (commencing with Section 1788) of the Civil
Code or by Division 10 (commencing with Section 6200) of the Family
Code.  Nothing in this section shall preclude a plaintiff's right to
use other existing civil remedies.
   (l) The Judicial Council shall promulgate forms and instructions
therefor, and rules for service of process, scheduling of hearings,
and any other matters required by this section.  The petition and
response forms shall be simple and concise.
   (m) A temporary restraining order or injunction relating to
harassment or domestic violence issued by a court pursuant to this
section shall be issued on forms adopted by the Judicial Council of
California and that have been approved by the Department of Justice
pursuant to subdivision (i) of Section 6380 of the Family Code.
However, the fact that an order issued by a court pursuant to this
section was not issued on forms adopted by the Judicial Council and
approved by the Department of Justice shall not, in and of itself,
make the order unenforceable.
   (n) Information on any temporary restraining order or injunction
relating to harassment or domestic violence issued by a court
pursuant to this section shall be transmitted to the Department of
Justice in accordance with subdivision (b) of Section 6380 of the
Family Code.
  SEC. 2.  Section 527.8 of the Code of Civil Procedure is amended to
read:
   527.8.  (a) Any employer, whose employee has suffered unlawful
violence or a credible threat of violence from any individual, that
can reasonably be construed to be carried out or to have been carried
out at the workplace, may seek a temporary restraining order and an
injunction on behalf of the employee prohibiting further unlawful
violence or threats of violence by that individual.
   (b) For the purposes of this section:
   (1) "Unlawful violence" is any assault or battery, or stalking as
prohibited in Section 646.9 of the Penal Code, but shall not include
lawful acts of self-defense or defense of others.
   (2) "Credible threat of violence" is a knowing and willful
statement or course of conduct that would place a reasonable person
in fear for his or her safety, or the safety of his or her immediate
family, and that serves no legitimate purpose.
   (3) "Course of conduct" is a pattern of conduct composed of a
series of acts over a period of time, however short, evidencing a
continuity of purpose, including following or stalking an employee to
or from the place of work; entering the workplace; following an
employee during hours of employment; making telephone calls to an
employee; or sending correspondence to an employee by any means,
including, but not limited to, the use of the public or private
mails, interoffice mail, fax, or computer e-mail.
   (c) Nothing in this section shall be construed to permit a court
to issue a temporary restraining order or injunction prohibiting
speech or other activities that are constitutionally protected, or
otherwise protected by Section 527.3 or any other provision of law.
   (d) For purposes of this section, the terms "employer" and
"employee" mean persons defined in Section 350 of the Labor Code.
The term "employer" also includes a federal agency, the state, a
state agency, a city, county, or district, and a private, public, or
quasi-public corporation, or any public agency thereof or therein.
The term "employee" also includes the members of boards of directors
of private, public, and quasi-public corporations and elected and
appointed public officers.  For purposes of this section only, the
term "employee" also includes a volunteer or independent contractor
who performs services for the employer at the employer's worksite.
   (e) Upon filing a petition for an injunction under this section,
the plaintiff may obtain a temporary restraining order in accordance
with subdivision (a) of Section 527, if the plaintiff also files an
affidavit that, to the satisfaction of the court, shows reasonable
proof that an employee has suffered unlawful violence or a credible
threat of violence by the defendant, and that great or irreparable
harm would result to an employee. In the discretion of the court, and
on a showing of good cause, a temporary restraining order issued
under this section may include other named family or household
members who reside with the employee.
   A temporary restraining order granted under this section shall
remain in effect, at the court's discretion, for a period not to
exceed 15 days, unless otherwise modified or terminated by the court.

   (f) Within 15 days of the filing of the petition, a hearing shall
be held on the petition for the injunction.  The defendant may file a
response that explains, excuses, justifies, or denies the alleged
unlawful violence or credible threats of violence or may file a
cross-complaint under this section.  At the hearing, the judge shall
receive any testimony that is relevant and may make an independent
inquiry.  Moreover, if the defendant is a current employee of the
entity requesting the injunction, the judge shall receive evidence
concerning the employer's decision to retain, terminate, or otherwise
discipline the defendant.  If the judge finds by clear and
convincing evidence that the defendant engaged in unlawful violence
or made a credible threat of violence, an injunction shall issue
prohibiting further unlawful violence or threats of violence.  An
injunction issued pursuant to this section shall have a duration of
not more than three years.  At any time within the three months
before the expiration of the injunction, the plaintiff may apply for
a renewal of the injunction by filing a new petition for an
injunction under this section.
   (g) Nothing in this section shall preclude either party from
representation by private counsel or from appearing on his or her own
behalf.
   (h) Upon filing of a petition for an injunction under this
section, the defendant shall be personally served with a copy of the
petition, temporary restraining order, if any, and notice of hearing
of the petition.  Service shall be made at least five days before the
hearing.  The court may, for good cause, on motion of the plaintiff
or on its own motion, shorten the time for service on the defendant.

   (i) The court shall order the plaintiff or the attorney for the
plaintiff to deliver a copy of each temporary restraining order or
injunction, or modification or termination thereof, granted under
this section, by the close of the business day on which the order was
granted, to the law enforcement agencies within the court's
discretion as are requested by the plaintiff.  Each appropriate law
enforcement agency shall make available information as to the
existence and current status of these orders to law enforcement
officers responding to the scene of reported unlawful violence or a
credible threat of violence.
   (j) Any intentional disobedience of any temporary restraining
order or injunction granted under this section is punishable pursuant
to Section 273.6 of the Penal Code.
   (k) Nothing in this section shall be construed as expanding,
diminishing, altering, or modifying the duty, if any, of an employer
to provide a safe workplace for employees and other persons.
   (l) The Judicial Council shall develop forms, instructions, and
rules for scheduling of hearings and other procedures established
pursuant to this section.  The forms for the petition and response
shall be simple and concise.
   (m) A temporary restraining order or injunction relating to
harassment or domestic violence issued by a court pursuant to this
section shall be issued on forms adopted by the Judicial Council of
California and that have been approved by the Department of Justice
pursuant to subdivision (i) of Section 6380 of the Family Code.
However, the fact that an order issued by a court pursuant to this
section was not issued on forms adopted by the Judicial Council and
approved by the Department of Justice shall not, in and of itself,
make the order unenforceable.
   (n) Information on any temporary restraining order or injunction
relating to harassment or domestic violence issued by a court
pursuant to this section shall be transmitted to the Department of
Justice in accordance with subdivision (b) of Section 6380 of the
Family Code.
  SEC. 3.  Section 145 of the Family Code is amended to read:
   145.  "State" means a state of the United States, the District of
Columbia, or a commonwealth, territory, or insular possession subject
to the jurisdiction of the United States.
  SEC. 4.  Section 6221 of the Family Code is amended to read:
   6221.  (a) Unless the provision or context otherwise requires,
this division applies to any order described in this division,
whether the order is issued in a proceeding brought pursuant to this
division, in an action brought pursuant to the Uniform Parentage Act
(Part 3 (commencing with Section 7600) of Division 12), or in a
proceeding for dissolution of marriage, for nullity of marriage, or
for legal separation of the parties.
   (b) Nothing in this division affects the jurisdiction of the
juvenile court.
   (c) Any order issued by a court to which this division applies
shall be issued on forms adopted by the Judicial Council of
California and that have been approved by the Department of Justice
pursuant to subdivision (i) of Section 6380.  However, the fact that
an order issued by a court pursuant to this section was not issued on
forms adopted by the Judicial Council and approved by the Department
of Justice shall not, in and of itself, make the order
unenforceable.
  SEC. 5.  Section 6380 of the Family Code is amended to read:
   6380.  (a) Each county, with the approval of the Department of
Justice, shall, by July 1, 1996, develop a procedure, using existing
systems, for the electronic transmission of data, as described in
subdivision (b), to the Department of Justice.  The data shall be
electronically transmitted through the California Law Enforcement
Telecommunications System (CLETS) of the Department of Justice by law
enforcement personnel, or with the approval of the Department of
Justice, court personnel, or another appropriate agency capable of
maintaining and preserving the integrity of both the CLETS and the
Domestic Violence Restraining Order System, as described in
subdivision (e).  Data entry is required to be entered only once
under the requirements of this section, unless the order is served at
a later time.  A portion of all fees payable to the Department of
Justice under subdivision (a) of Section 1203.097 of the Penal Code
for the entry of the information required under this section, based
upon the proportion of the costs incurred by the local agency and
those incurred by the Department of Justice, shall be transferred to
the local agency actually providing the data.  All data with respect
to criminal court protective orders issued under subdivision (g) of
Section 136.2 of the Penal Code shall be transmitted by the court or
its designee within one business day to law enforcement personnel by
either one of the following methods:
   (1) Transmitting a physical copy of the order to a local law
enforcement agency authorized by the Department of Justice to enter
orders into CLETS.
   (2) With the approval of the Department of Justice, entering the
order into CLETS directly.
   (b) Upon the issuance of a protective order to which this division
applies pursuant to Section 6221, or the issuance of a temporary
restraining order or injunction relating to harassment or domestic
violence pursuant to Section 527.6 or 527.8 of the Code of Civil
Procedure, or the issuance of a criminal court protective order under
subdivision (g) of Section 136.2 of the Penal Code, or the issuance
of a juvenile court restraining order related to domestic violence
pursuant to Section 213.5, 304, or 362.4 of the Welfare and
Institutions Code, or upon registration with the court clerk of a
domestic violence protective or restraining order issued by the court
of another state, as defined in Section 145, or a military tribunal
or tribe, and including any of the foregoing orders issued in
connection with an order for modification of a custody or visitation
order issued pursuant to a dissolution, legal separation, nullity, or
paternity proceeding the Department of Justice shall be immediately
notified of the contents of the order and the following information:

   (1) The name, race, date of birth, and other personal descriptive
information of the respondent as required by a form prescribed by the
Department of Justice.
   (2) The names of the protected persons.
   (3) The date of issuance of the order.
   (4) The duration or expiration date of the order.
   (5) The terms and conditions of the protective order, including
stay-away, no-contact, residency exclusion, custody, and visitation
provisions of the order.
   (6) The department or division number and the address of the
court.
   (7) Whether or not the order was served upon the respondent.
   (8) The terms and conditions of any restrictions on the ownership
or possession of firearms.
   All available information shall be included; however, the
inability to provide all categories of information shall not delay
the entry of the information available.
   (c) The information conveyed to the Department of Justice shall
also indicate whether the respondent was present in court to be
informed of the contents of the court order.  The respondent's
presence in court shall provide proof of service of notice of the
terms of the protective order.  The respondent's failure to appear
shall also be included in the information provided to the Department
of Justice.
   (d) Immediately upon receipt of proof of service the clerk of the
court, and immediately after service any law enforcement officer who
served the protective order, shall notify the Department of Justice,
by electronic transmission, of the service of the protective order,
including the name of the person who served the order and, if that
person is a law enforcement officer, the law enforcement agency.
   (e) The Department of Justice shall maintain a Domestic Violence
Restraining Order System and shall make available to court clerks and
law enforcement personnel, through computer access, all information
regarding the protective and restraining orders and injunctions
described in subdivision (b), whether or not served upon the
respondent.
   (f) If a court issues a modification, extension, or termination of
a protective order, it shall be on forms adopted by the Judicial
Council of California and that have been approved by the Department
of Justice, and the transmitting agency for the county shall
immediately notify the Department of Justice, by electronic
transmission, of the terms of the modification, extension, or
termination.
   (g) The Judicial Council shall assist local courts charged with
the responsibility for issuing protective orders by developing
informational packets describing the general procedures for obtaining
a domestic violence restraining order and indicating the appropriate
Judicial Council forms, and shall include a design, that local
courts shall complete, that describes local court procedures and maps
to enable applicants to locate filing windows and appropriate
courts.  The court clerk shall provide a fee waiver form to all
applicants for domestic violence protective orders.  The court clerk
shall provide all Judicial Council forms required by this chapter to
applicants free of charge.  The informational packet shall also
contain a statement that the protective order is enforceable in any
state, as defined in Section 145, or on a reservation, and general
information about agencies in other jurisdictions that may be
contacted regarding enforcement of an order issued by a court of this
state.
   (h) For the purposes of this part, "electronic transmission" shall
include computer access through the California Law Enforcement
Telecommunications System (CLETS).
   (i) Only protective and restraining orders issued on forms adopted
by the Judicial Council of California and that have been approved by
the Department of Justice shall be transmitted to the Department of
Justice.  However, this provision shall not apply to a valid
protective or restraining order related to domestic or family
violence issued by a court of another state, as defined in Section
145, a military tribunal, or a tribe.  Those orders shall, upon
request, be registered pursuant to Section 6380.5.
  SEC. 5.5.  Section 6380 of the Family Code is amended to read:
   6380.  (a) Each county, with the approval of the Department of
Justice, shall, by July 1, 1996, develop a procedure, using existing
systems, for the electronic transmission of data, as described in
subdivision (b), to the Department of Justice.  The data shall be
electronically transmitted through the California Law Enforcement
Telecommunications System (CLETS) of the Department of Justice by law
enforcement personnel, or with the approval of the Department of
Justice, court personnel, or another appropriate agency capable of
maintaining and preserving the integrity of both the CLETS and the
Domestic Violence Restraining Order System, as described in
subdivision (e).  Data entry is required to be entered only once
under the requirements of this section, unless the order is served at
a later time.  A portion of all fees payable to the Department of
Justice under subdivision (a) of Section 1203.097 of the Penal Code
for the entry of the information required under this section, based
upon the proportion of the costs incurred by the local agency and
those incurred by the Department of Justice, shall be transferred to
the local agency actually providing the data.  All data with respect
to criminal court protective orders issued under subdivision (g) of
Section 136.2 of the Penal Code shall be transmitted by the court or
its designee within one business day to law enforcement personnel by
either one of the following methods:
   (1) Transmitting a physical copy of the order to a local law
enforcement agency authorized by the Department of Justice to enter
orders into CLETS.
   (2) With the approval of the Department of Justice, entering the
order into CLETS directly.
   (b) Upon the issuance of a protective order to which this division
applies pursuant to Section 6221, or the issuance of a temporary
restraining order or injunction relating to harassment or domestic
violence pursuant to Section 527.6 or 527.8 of the Code of Civil
Procedure, or the issuance of a criminal court protective order under
subdivision (g) of Section 136.2 of the Penal Code, or the issuance
of a juvenile court restraining order related to domestic violence
pursuant to Section 213.5, 304, or 362.4 of the Welfare and
Institutions Code, or the issuance of a protective order pursuant to
Section 15657.03 of the Welfare and Institutions Code, or upon
registration with the court clerk of a domestic violence protective
or restraining order issued by the court of another state, as defined
in Section 145, or a military tribunal or tribe, and including any
of the foregoing orders issued in connection with an order for
modification of a custody or visitation order issued pursuant to a
dissolution, legal separation, nullity, or paternity proceeding the
                                          Department of Justice shall
be immediately notified of the contents of the order and the
following information:
   (1) The name, race, date of birth, and other personal descriptive
information of the respondent as required by a form prescribed by the
Department of Justice.
   (2) The names of the protected persons.
   (3) The date of issuance of the order.
   (4) The duration or expiration date of the order.
   (5) The terms and conditions of the protective order, including
stay-away, no-contact, residency exclusion, custody, and visitation
provisions of the order.
   (6) The department or division number and the address of the
court.
   (7) Whether or not the order was served upon the respondent.
   (8) The terms and conditions of any restrictions on the ownership
or possession of firearms.
   All available information shall be included; however, the
inability to provide all categories of information shall not delay
the entry of the information available.
   (c) The information conveyed to the Department of Justice shall
also indicate whether the respondent was present in court to be
informed of the contents of the court order.  The respondent's
presence in court shall provide proof of service of notice of the
terms of the protective order.  The respondent's failure to appear
shall also be included in the information provided to the Department
of Justice.
   (d) Immediately upon receipt of proof of service the clerk of the
court, and immediately after service any law enforcement officer who
served the protective order, shall notify the Department of Justice,
by electronic transmission, of the service of the protective order,
including the name of the person who served the order and, if that
person is a law enforcement officer, the law enforcement agency.
   (e) The Department of Justice shall maintain a Domestic Violence
Restraining Order System and shall make available to court clerks and
law enforcement personnel, through computer access, all information
regarding the protective and restraining orders and injunctions
described in subdivision (b), whether or not served upon the
respondent.
   (f) If a court issues a modification, extension, or termination of
a protective order, it shall be on forms adopted by the Judicial
Council of California and that have been approved by the Department
of Justice, and the transmitting agency for the county shall
immediately notify the Department of Justice, by electronic
transmission, of the terms of the modification, extension, or
termination.
   (g) The Judicial Council shall assist local courts charged with
the responsibility for issuing protective orders by developing
informational packets describing the general procedures for obtaining
a domestic violence restraining order and indicating the appropriate
Judicial Council forms, and shall include a design, that local
courts shall complete, that describes local court procedures and maps
to enable applicants to locate filing windows and appropriate
courts.  The court clerk shall provide a fee waiver form to all
applicants for domestic violence protective orders.  The court clerk
shall provide all Judicial Council forms required by this chapter to
applicants free of charge.  The informational packet shall also
contain a statement that the protective order is enforceable in any
state, as defined in Section 145, or on a reservation, and general
information about agencies in other jurisdictions that may be
contacted regarding enforcement of an order issued by a court of this
state.
   (h) For the purposes of this part, "electronic transmission" shall
include computer access through the California Law Enforcement
Telecommunications System (CLETS).
   (i) Only protective and restraining orders issued on forms adopted
by the Judicial Council of California and that have been approved by
the Department of Justice shall be transmitted to the Department of
Justice.  However, this provision shall not apply to a valid
protective or restraining order related to domestic or family
violence issued by a court of another state, as defined in Section
145, a military tribunal, or a tribe.  Those orders shall, upon
request, be registered pursuant to Section 6380.5.
  SEC. 6.  Section 6380.5 of the Family Code is amended to read:
   6380.5.  (a) A protective or restraining order related to domestic
or family violence issued by a court of another state, as defined in
Section 145, a tribe, or a military tribunal, shall be deemed valid
if the issuing court had jurisdiction over the parties and matter
under the law of the state or tribe, or under the law applicable to
the military tribunal.  There shall be a presumption of validity
where an order appears authentic on its face.
   (b) Any valid protective or restraining order related to domestic
or family violence issued by a court of another state, as defined in
Section 145, a tribe, or a military tribunal, shall, upon request of
the person in possession of the foreign protective order, be
registered with a court of this state in order to be entered in the
Domestic Violence Restraining Order System established under this
chapter.  The Judicial Council shall adopt rules of court to do the
following:
   (1) Set forth the process whereby a person in possession of a
valid foreign protective or restraining order may voluntarily
register the order with a court of this state for entry into the
Domestic Violence Restraining Order System.
   (2) Require the sealing of foreign protective orders and provide
access only to law enforcement, the person who registered the order
upon written request with proof of identification, the defense after
arraignment on criminal charges involving an alleged violation of the
order, or upon further order of the court.
   (c) Any valid protective or restraining order related to domestic
or family violence issued by a court of another state, as defined in
Section 145, a tribe, or  a military tribunal, shall be accorded full
faith and credit by the courts of this state, and shall be enforced
as set forth in Section 6381, as if it had been issued in this state.

  SEC. 6.5.  Section 6380.5 of the Family Code is amended to read:
   6380.5.  (a) A protective or restraining order related to domestic
or family violence issued by a court of another state, as defined in
Section 145, a tribe, or a military tribunal, shall be deemed valid
if the issuing court had jurisdiction over the parties and matter
under the law of the state  or tribe, or  under the law applicable to
the military tribunal.  There shall be a presumption of validity
where an order appears authentic on its face.
   (b) Any valid protective or restraining order related to domestic
or family violence issued by a court of another state, as defined in
Section 145, a tribe, or  a military tribunal, shall, upon request of
the person in possession of the foreign protective order, be
registered with a court of this state in order to be entered in the
Domestic Violence  Restraining Order System established under this
chapter.  The Judicial Council shall adopt rules of court to do the
following:
   (1) Set forth the process whereby a person in possession of a
valid foreign protective or restraining order may voluntarily
register the order with a court of this state for entry into the
Domestic Violence  Restraining Order System.
   (2) Require the sealing of foreign protective orders and provide
access only to law enforcement, the person who registered the order
upon written request with proof of identification, the defense after
arraignment on criminal charges involving an alleged violation of the
order, or upon further order of the court.
   (c) Any valid protective or restraining order related to domestic
or family violence issued by a court of another state, as defined in
Section 145, a tribe, or  a military tribunal,   shall be accorded
full faith and credit by the courts of this state, and the term, as
written shall be enforced as set forth in Section 6381, as if it had
been issued in this state.
  SEC. 7.  Section 6381 of the Family Code is amended to read:
   6381.  (a) Notwithstanding Section 6380 and subject to subdivision
(b), an order issued under this part is enforceable in any place in
this state.
   (b) An order issued under this part is not enforceable by a law
enforcement agency of a political subdivision unless that law
enforcement agency has received a copy of the order, or the officer
enforcing the order has been shown a copy of the order or has
obtained information, through the Domestic Violence Restraining Order
System maintained by the Department of Justice, of the contents of
the order, as described in subdivision (b).
   (c) The data contained in the Domestic Violence Restraining Order
System shall be deemed to be original, self-authenticating,
documentary evidence of the court orders.  Oral notification of the
terms of the orders shall be sufficient notice for enforcement under
subdivision (g) of Section 136.2 and Section 273.6 of the Penal Code.

  SEC. 8.  Section 6383 of the Family Code is amended to read:
   6383.  (a) A temporary restraining order or emergency protective
order issued under this part shall, on request of the petitioner, be
served on the respondent, whether or not the respondent has been
taken into custody, by any law enforcement officer who is present at
the scene of reported domestic violence involving the parties to the
proceeding.
   (b) The petitioner shall provide the officer with an endorsed copy
of the order and a proof of service which the officer shall complete
and transmit to the issuing court.
   (c) It is a rebuttable presumption that the proof of service was
signed on the date of service.
   (d) Upon receiving information at the scene of a domestic violence
incident that a protective order has been issued under this part, or
that a person who has been taken into custody is the respondent to
such an order, if the protected person cannot produce a certified
copy of the order, a law enforcement officer shall immediately
inquire of the Department of Justice Domestic Violence Restraining
Order System to verify the existence of the order.
   (e) If the law enforcement officer determines that a protective
order has been issued, but not served, the officer shall immediately
notify the respondent of the terms of the order.  Verbal notice of
the terms of the order is sufficient notice for the purposes of this
section and for the purposes of Section 273.6 and subdivision (g) of
Section 12021 of the Penal Code.
   (f) If a report is required under Section 13730 of the Penal Code,
or if no report is required, then in the daily incident log, the
officer shall provide the name and assignment of the officer
notifying the respondent pursuant to subdivision (e) and the case
number of the order.
   (g) Upon service of the order outside of the court, a law
enforcement officer shall advise the respondent to go to the local
court to obtain a copy of the order containing the full terms and
conditions of the order.
   (h) There shall be no civil liability on the part of, and no cause
of action for, false arrest or false imprisonment against any peace
officer who makes an arrest pursuant to a protective or restraining
order which is regular upon its face, if the peace officer in making
the arrest acts in good faith and has reasonable cause to believe
that the person against whom the order is issued has notice of the
order and has committed an act in violation of the order.  If there
is more than one civil order regarding the same parties, the peace
officer shall enforce the order which was issued last.  If there are
both civil and criminal orders regarding the same parties, the peace
officer shall enforce the criminal order issued last.  Nothing in
this section shall be deemed to exonerate a peace officer from
liability for the unreasonable use of force in the enforcement of the
order.  The immunities afforded by this section shall not affect the
availability of any other immunity which may apply, including, but
not limited to, Sections 820.2 and 820.4 of the Government Code.
  SEC. 9.  Section 136.2 of the Penal Code is amended to read:
   136.2.  Upon a good cause belief that harm to, or intimidation or
dissuasion of, a victim or witness has occurred or is reasonably
likely to occur, any court with jurisdiction over a criminal matter
may issue orders including, but not limited to, the following:
   (a) Any order issued pursuant to Section 6320 of the Family Code.

   (b) An order that a defendant shall not violate any provision of
Section 136.1.
   (c) An order that a person before the court other than a
defendant, including, but not limited to, a subpoenaed witness or
other person entering the courtroom of the court, shall not violate
any provisions of Section 136.1.
   (d) An order that any person described in this section shall have
no communication whatsoever with any specified witness or any victim,
except through an attorney under any reasonable restrictions that
the court may impose.
   (e) An order calling for a hearing to determine if an order as
described in subdivisions (a) to (d), inclusive, should be issued.
   (f) An order that a particular law enforcement agency within the
jurisdiction of the court provide protection for a victim or a
witness, or both, or for immediate family members of a victim or a
witness who reside in the same household as the victim or witness or
within reasonable proximity of the victim's or witness's household,
as determined by the court.  The order shall not be made without the
consent of the law enforcement agency except for limited and
specified periods of time and upon an express finding by the court of
a clear and present danger of harm to the victim or witness or
immediate family members of the victim or witness.
   For purposes of this subdivision, "immediate family members"
include the spouse, children, or parents of the victim or witness.
   (g) Any order protecting victims of violent crime from contact,
with the intent to annoy, harass, threaten, or commit acts of
violence, by the defendant.  The court or its designee shall transmit
orders made under this subdivision to law enforcement personnel
within one business day of the issuance of the order, pursuant to
subdivision (a) of Section 6380 of the Family Code.
   Any order issued by a court pursuant to this subdivision shall be
issued on forms adopted by the Judicial Council of California and
that have been approved by the Department of Justice pursuant to
subdivision (i) of Section 6380 of the Family Code.  However, the
fact that an order issued by a court pursuant to this section was not
issued on forms adopted by the Judicial Council and approved by the
Department of Justice shall not, in and of itself, make the order
unenforceable.
   Any person violating any order made pursuant to subdivisions (a)
to (g), inclusive, may be punished for any substantive offense
described in Section 136.1, or for a contempt of the court making the
order.  A finding of contempt shall not be a bar to prosecution for
a violation of Section 136.1.  However, any person so held in
contempt shall be entitled to credit for any punishment imposed
therein against any sentence imposed upon conviction of an offense
described in Section 136.1.  Any conviction or acquittal for any
substantive offense under Section 136.1 shall be a bar to a
subsequent punishment for contempt arising out of the same act.
   (h) (1) In all cases where the defendant is charged with a crime
of domestic violence, as defined in Section 13700, the court shall
consider issuing the above-described orders on its own motion.  All
interested parties shall receive a copy of those orders.  In order to
facilitate this, the court's records of all criminal cases involving
domestic violence shall be marked to clearly alert the court to this
issue.
   (2) In those cases in which a complaint, information, or
indictment charging a crime of domestic violence, as defined in
Section 13700, has been issued, a restraining order or protective
order against the defendant issued by the criminal court in that case
has precedence over any other outstanding court order against the
defendant.
   (i) The Judicial Council shall adopt forms for orders under this
section.
  SEC. 10.  Section 836 of the Penal Code is amended to read:
   836.  (a) A peace officer may arrest a person in obedience to a
warrant, or, pursuant to the authority granted to him or her by
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2,
without a warrant, may arrest a person whenever any of the following
circumstances occur:
   (1) The officer has probable cause to believe that the person to
be arrested has committed a public offense in the officer's presence.

   (2) The person arrested has committed a felony, although not in
the officer's presence.
   (3) The officer has probable cause to believe that the person to
be arrested has committed a felony, whether or not a felony, in fact,
has been committed.
   (b) Any time a peace officer is called out on a domestic call, it
shall be mandatory that the officer make a good faith effort to
inform the victim of his or her right to make a citizen's arrest.
This information shall include advising the victim how to safely
execute the arrest.
   (c) (1) When a peace officer is responding to a call alleging a
violation of a domestic violence protective or restraining order
issued under the Family Code, Section 527.6 of the Code of Civil
Procedure, Section 213.5 of the Welfare and Institutions Code,
Section 136.2 of this code, or paragraph (2) of subdivision (a) of
Section 1203.097 of this code, or of a domestic violence protective
or restraining order issued by a court of another state, a
commonwealth, territory, or insular possession subject to the
jurisdiction of the United States, a military tribunal, or a tribe
and the peace officer has probable cause to believe that the person
against whom the order is issued has notice of the order and has
committed an act in violation of the order, the officer may arrest
the person without a warrant and take that person into custody
whether or not the violation occurred in the presence of the
arresting officer.  The officer shall, as soon as possible after the
arrest, confirm with the appropriate authorities or the Domestic
Violence Restraining Order System maintained pursuant to Section 6380
of the Family Code that a true copy of the protective order has been
registered, unless the victim provides the officer with a copy of
the protective order.
   (2) The person against whom a protective order has been issued
shall be deemed to have notice of the order if the victim presents to
the officer proof of service of the order, the officer confirms with
the appropriate authorities that a true copy of the proof of service
is on file, or the person against whom the protective order was
issued was present at the protective order hearing or was informed by
a peace officer of the contents of the protective order.
   (3) In situations where mutual protective orders have been issued
under Division 10 (commencing with Section 6200) of the Family Code,
liability for arrest under this subdivision applies only to those
persons who are reasonably believed to have been the primary
aggressor.  In those situations, prior to making an arrest under this
subdivision, the peace officer shall make reasonable efforts to
identify, and may arrest, the primary aggressor involved in the
incident.  The primary aggressor is the person determined to be the
most significant, rather than the first, aggressor.  In identifying
the primary aggressor, an officer shall consider (A) the intent of
the law to protect victims of domestic violence from continuing
abuse, (B) the threats creating fear of physical injury, (C) the
history of domestic violence between the persons involved, and (D)
whether either person involved acted in self-defense.
   (d) Notwithstanding paragraph (1) of subdivision (a), if a suspect
commits an assault or battery upon  a current or former spouse,
fiance, fiancee, a current or former cohabitant as defined in Section
6209 of the Family Code, a person with whom the suspect currently is
having or has previously had an engagement relationship, a person
with whom the suspect has parented a child, or is presumed to have
parented a child pursuant to the Uniform Parentage Act (Part 3
(commencing with Section 7600) of Division 12 of the Family Code), a
child of the suspect, a child whose parentage by the suspect is the
subject of an action under the Uniform Parentage Act, a child of a
person in one of the above categories, or any other person related to
the suspect by consanguinity or affinity within the second degree, a
peace officer may arrest the suspect without a warrant where both of
the following circumstances apply:
   (1) The peace officer has probable cause to believe that the
person to be arrested has committed the assault or battery, whether
or not it has in fact been committed.
   (2) The peace officer makes the arrest as soon as probable cause
arises to believe that the person to be arrested has committed the
assault or battery, whether or not it has in fact been committed.
   (e) In addition to the authority to make an arrest without a
warrant pursuant to paragraphs (1) and (3) of subdivision (a), a
peace officer may, without a warrant, arrest a person for a violation
of Section 12025 when all of the following apply:
   (1) The officer has reasonable cause to believe that the person to
be arrested has committed the violation of Section 12025.
   (2) The violation of Section 12025 occurred within an airport, as
defined in Section 21013 of the Public Utilities Code, in an area to
which access is controlled by the inspection of persons and property.

   (3) The peace officer makes the arrest as soon as reasonable cause
arises to believe that the person to be arrested has committed the
violation of Section 12025.
  SEC. 10.5.  Section 836 of the Penal Code is amended to read:
   836.  (a) A peace officer may arrest a person in obedience to a
warrant, or, pursuant to the authority granted to him or her by
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2,
without a warrant, may arrest a person whenever any of the following
circumstances occur:
   (1) The officer has probable cause to believe that the person to
be arrested has committed a public offense in the officer's presence.

   (2) The person arrested has committed a felony, although not in
the officer's presence.
   (3) The officer has probable cause to believe that the person to
be arrested has committed a felony, whether or not a felony, in fact,
has been committed.
   (b) Any time a peace officer is called out on a domestic call, it
shall be mandatory that the officer make a good faith effort to
inform the victim of his or her right to make a citizen's arrest.
This information shall include advising the victim how to safely
execute the arrest.
   (c) (1) When a peace officer is responding to a call alleging a
violation of a domestic violence protective or restraining order
issued under the Family Code, Section 527.6 of the Code of Civil
Procedure, Section 213.5 of the Welfare and Institutions Code,
Section 136.2 of this code, or paragraph (2) of subdivision (a) of
Section 1203.097 of this code, or of a domestic violence protective
or restraining order issued by a court of another state, a
commonwealth, territory, or insular possession subject to the
jurisdiction of the United States, a military tribunal, or a tribe
and the peace officer has probable cause to believe that the person
against whom the order is issued has notice of the order and has
committed an act in violation of the order, the officer  shall,
consistent with subdivision (b) of Section 13701, make a lawful
arrest of the person without a warrant and take that person into
custody whether or not the violation occurred in the presence of the
arresting officer.  The officer shall, as soon as possible after the
arrest, confirm with the appropriate authorities or the Domestic
Violence Restraining Order System maintained pursuant to Section 6380
of the Family Code that a true copy of the protective order has been
registered, unless the victim provides the officer with a copy of
the protective order.
   (2) The person against whom a protective order has been issued
shall be deemed to have notice of the order if the victim presents to
the officer proof of service of the order, the officer confirms with
the appropriate authorities that a true copy of the proof of service
is on file, or the person against whom the protective order was
issued was present at the protective order hearing or was informed by
a peace officer of the contents of the protective order.
   (3) In situations where mutual protective orders have been issued
under Division 10 (commencing with Section 6200) of the Family Code,
liability for arrest under this subdivision applies only to those
persons who are reasonably believed to have been the primary
aggressor.  In those situations, prior to making an arrest under this
subdivision, the peace officer shall make reasonable efforts to
identify, and may arrest, the primary aggressor involved in the
incident.  The primary aggressor is the person determined to be the
most significant, rather than the first, aggressor.  In identifying
the primary aggressor, an officer shall consider (A) the intent of
the law to protect victims of domestic violence from continuing
abuse, (B) the threats creating fear of physical injury, (C) the
history of domestic violence between the persons involved, and (D)
whether either person involved acted in self-defense.
   (d) Notwithstanding paragraph (1) of subdivision (a), if a suspect
commits an assault or battery upon  a current or former spouse,
fiance, fiancee, a current or former cohabitant as defined in Section
6209 of the Family Code, a person with whom the suspect currently is
having or has previously had an engagement relationship, a person
with whom the suspect has parented a child, or is presumed to have
parented a child pursuant to the Uniform Parentage Act (Part 3
(commencing with Section 7600) of Division 12 of the Family Code), a
child of the suspect, a child whose parentage by the suspect is the
subject of an action under the Uniform Parentage Act, a child of a
person in one of the above categories, or any other person related to
the suspect by consanguinity or affinity within the second degree, a
peace officer may arrest the suspect without a warrant where both of
the following circumstances apply:
   (1) The peace officer has probable cause to believe that the
person to be arrested has committed the assault or battery, whether
or                                           not it has in fact been
committed.
   (2) The peace officer makes the arrest as soon as probable cause
arises to believe that the person to be arrested has committed the
assault or battery, whether or not it has in fact been committed.
   (e) In addition to the authority to make an arrest without a
warrant pursuant to paragraphs (1) and (3) of subdivision (a), a
peace officer may, without a warrant, arrest a person for a violation
of Section 12025 when all of the following apply:
   (1) The officer has reasonable cause to believe that the person to
be arrested has committed the violation of Section 12025.
   (2) The violation of Section 12025 occurred within an airport, as
defined in Section 21013 of the Public Utilities Code, in an area to
which access is controlled by the inspection of persons and property.

   (3) The peace officer makes the arrest as soon as reasonable cause
arises to believe that the person to be arrested has committed the
violation of Section 12025.
  SEC. 11.  Section 13701 of the Penal Code is amended to read:
   13701.  (a) Every law enforcement agency in this state shall
develop, adopt, and implement written policies and standards for
officers' responses to domestic violence calls by January 1, 1986.
These policies shall reflect that domestic violence is alleged
criminal conduct.  Further, they shall reflect existing policy that a
request for assistance in a situation involving domestic violence is
the same as any other request for assistance where violence has
occurred.
   (b) The written policies shall encourage the arrest of domestic
violence offenders if there is probable cause that an offense has
been committed.  These policies also shall require the arrest of an
offender, absent exigent circumstances, if there is probable cause
that a protective order issued under Chapter 4 (commencing with
Section 2040) of Part 1 of Division 6, Division 10 (commencing with
Section 6200), or Chapter 6 (commencing with Section 7700) of Part 3
of Division 12, of the Family Code, or Section 136.2 of this code, or
by a court of any other state, a commonwealth, territory, or insular
possession subject to the jurisdiction of the United States, a
military tribunal, or a tribe has been violated.  These policies
shall discourage, when appropriate, but not prohibit, dual arrests.
Peace officers shall make reasonable efforts to identify the primary
aggressor in any incident.  The primary aggressor is the person
determined to be the most significant, rather than the first,
aggressor.  In identifying the primary aggressor, an officer shall
consider the intent of the law to protect victims of domestic
violence from continuing abuse, the threats creating fear of physical
injury, the history of domestic violence between the persons
involved, and whether either person acted in self-defense.  These
arrest policies shall be developed, adopted, and implemented by July
1, 1996.  Notwithstanding subdivision (d), law enforcement agencies
shall develop these policies with the input of local domestic
violence agencies.
   (c) These existing local policies and those developed shall be in
writing and shall be available to the public upon request and shall
include specific standards for the following:
   (1) Felony arrests.
   (2) Misdemeanor arrests.
   (3) Use of citizen arrests.
   (4) Verification and enforcement of temporary restraining orders
when (A) the suspect is present and (B) the suspect has fled.
   (5) Verification and enforcement of stay-away orders.
   (6) Cite and release policies.
   (7) Emergency assistance to victims, such as medical care,
transportation to a shelter, or a hospital for treatment when
necessary, and police standbys for removing personal property and
assistance in safe passage out of the victim's residence.
   (8) Assisting victims in pursuing criminal options, such as giving
the victim the report number and directing the victim to the proper
investigation unit.
   (9) Furnishing written notice to victims at the scene, including,
but not limited to, all of the following information:
   (A) A statement informing the victim that despite official
restraint of the person alleged to have committed domestic violence,
the restrained person may be released at any time.
   (B) A statement that, "For further information about a shelter you
may contact ____."
   (C) A statement that, "For information about other services in the
community, where available, you may contact ____."
   (D) A statement that, "For information about the California
victims' compensation program, you may contact 1-800-777-9229."
   (E) A statement informing the victim of domestic violence that he
or she may ask the district attorney to file a criminal complaint.
   (F) A statement informing the victim of the right to go to the
superior court and file a petition requesting any of the following
orders for relief:
   (i) An order restraining the attacker from abusing the victim and
other family members.
   (ii) An order directing the attacker to leave the household.
   (iii) An order preventing the attacker from entering the
residence, school, business, or place of employment of the victim.
   (iv) An order awarding the victim or the other parent custody of
or visitation with a minor child or children.
   (v) An order restraining the attacker from molesting or
interfering with minor children in the custody of the victim.
   (vi) An order directing the party not granted custody to pay
support of minor children, if that party has a legal obligation to do
so.
   (vii) An order directing the defendant to make specified debit
payments coming due while the order is in effect.
   (viii) An order directing that either or both parties participate
in counseling.
   (G) A statement informing the victim of the right to file a civil
suit for losses suffered as a result of the abuse, including medical
expenses, loss of earnings, and other expenses for injuries sustained
and damage to property, and any other related expenses incurred by
the victim or any agency that shelters the victim.
   (H) In the case of an alleged violation of subdivision (e) of
Section 243 or Section 261, 261.5, 262, 273.5, 286, 288a, or 289, a
"Victims of Domestic Violence" card which shall include, but is not
limited to, the following information:
   (i) The names and phone numbers of or local county hotlines for,
or both the phone numbers of and local county hotlines for, local
shelters for battered women and rape victim counseling centers within
the county, including those centers specified in Section 13837, and
their 24-hour counseling service telephone numbers.
   (ii) A simple statement on the proper procedures for a victim to
follow after a sexual assault.
   (iii) A statement that sexual assault by a person who is known to
the victim, including sexual assault by a person who is the spouse of
the victim, is a crime.
   (iv) A statement that domestic violence or assault by a person who
is known to the victim, including domestic violence or assault by a
person who is the spouse of the victim, is a crime.
   (10) Writing of reports.
   (d) In the development of these policies and standards, each local
department is encouraged to consult with domestic violence experts,
such as the staff of the local shelter for battered women and their
children.  Departments may utilize the response guidelines developed
by the commission in developing local policies.
  SEC. 12.  Section 13711 of the Penal Code is amended to read:
   13711.  Whenever a protection order with respect to domestic
violence incidents, including orders issued pursuant to Section 136.2
and restraining orders, is applied for or issued, it shall be the
responsibility of the clerk of the superior court to distribute a
pamphlet to the person who is to be protected by the  order that
includes the following:
   (a) Information as specified in subdivision (i) of Section 13701.

   (b) Notice that it is the responsibility of the victim to request
notification of an inmate's release.
   (c) Notice that the terms and conditions of the protection order
remain enforceable, notwithstanding any acts of the parties, and may
be changed only by order of the court.
   (d) Notice that the protection order is enforceable in any state,
in a commonwealth, territory, or insular possession subject to the
jurisdiction of the United States, or on a reservation, and general
information about agencies in other jurisdictions that may be
contacted regarding enforcement of a protective order issued by a
court of this state.
  SEC. 13.  Section 213.5 of the Welfare and Institutions Code is
amended to read:
   213.5.  (a) After a petition has been filed pursuant to Section
311 to declare a child a dependent child of the juvenile court, and
until the time that the petition is dismissed or dependency is
terminated, upon application in the manner provided by Section 527 of
the Code of Civil Procedure, the juvenile court may issue ex parte
orders (1) enjoining any parent, guardian, or current or former
member of the child's household from molesting, attacking, striking,
sexually assaulting, stalking, or battering the child or any other
child in the household; (2) excluding any parent, guardian, or
current or former member of the child's household from the dwelling
of the person who has care, custody, and control of the child; and
(3) enjoining a parent, guardian, or current or former member of the
child's household from behavior, including contacting, threatening,
or disturbing the peace of the child, that the court determines is
necessary to effectuate orders under paragraph (1) or (2).
   (b) After a petition has been filed pursuant to Section 601 or 602
to declare a child a ward of the juvenile court, and until the time
that the petition is dismissed or wardship is terminated, upon
application in the manner provided by Section 527 of the Code of
Civil Procedure, the juvenile court may issue ex parte orders (1)
enjoining any parent, guardian or current or former member of the
child's household from molesting, attacking, threatening, sexually
assaulting, stalking, or battering the child; (2) excluding any
parent, guardian, or current or former member of the child's
household from the dwelling of the person who has care, custody, and
control of the child; or (3) enjoining the child from contacting,
threatening,  stalking, or disturbing the peace of any person the
court finds to be at risk from the conduct of the child, or with whom
association would be detrimental to the child.
   (c) In the case in which a temporary restraining order is granted
without notice, the matter shall be made returnable on an order
requiring cause to be shown why the order should not be granted, on
the earliest day that the business of the court will permit, but not
later than 15 days or, if good cause appears to the court, 20 days
from the date the temporary restraining order is granted.  The court
may, on the motion of the person seeking the restraining order, or on
its own motion, shorten the time for service on the person to be
restrained of the order to show cause.  Any hearing pursuant to this
section may be held simultaneously with any regularly scheduled
hearings held in proceedings to declare a child a dependent child or
ward of the juvenile court pursuant to Section 300, 601, or 602, or
subsequent hearings regarding the dependent child or ward.
   (d) The juvenile court may issue, upon notice and a hearing, any
of the orders set forth in subdivisions (a), (b), and (c).  Any
restraining order granted pursuant to this subdivision shall remain
in effect, in the discretion of the court, not to exceed one year,
unless otherwise terminated by the court, extended by mutual consent
of all parties to the restraining order, or extended by further order
of the court on the motion of any party to the restraining order.
   (e) (1) The juvenile court may issue an order made pursuant to
subdivision (a), (c), or (d) excluding a person from a residence or
dwelling.  This order may be issued for the time and on the
conditions that the court determines, regardless of which party holds
legal or equitable title or is the lessee of the residence or
dwelling.
   (2) The court may issue an order under paragraph (1) only on a
showing of all of the following:
   (A) Facts sufficient for the court to ascertain that the party who
will stay in the dwelling has a right under color of law to
possession of the premises.
   (B) That the party to be excluded has assaulted or threatens to
assault the other party or any other person under the care, custody,
and control of the other party, or any minor child of the parties or
of the other party.
   (C) That physical or emotional harm would otherwise result to the
other party, to any person under the care, custody, and control of
the other party, or to any minor child of the parties or of the other
party.
   (f) Any order issued pursuant to subdivision (a), (b), (c), or (d)
shall state on its face the date of expiration of the order.
   (g) The juvenile court shall order any designated person or
attorney to mail a copy of any order, or extension, modification, or
termination thereof, granted pursuant to subdivision (a), (b), (c),
or (d), by the close of the business day on which the order,
extension, modification, or termination was granted, and any
subsequent proof of service thereof, to each local law enforcement
agency designated by the person seeking the restraining order or his
or her attorney having jurisdiction over the residence of the person
who has care, custody, and control of the child and other locations
where the court determines that acts of domestic violence or abuse
against the child or children are likely to occur.  Each appropriate
law enforcement agency shall make available through an existing
system for verification, information as to the existence, terms, and
current status of any order issued pursuant to subdivision (a), (b),
(c), or (d) to any law enforcement officer responding to the scene of
reported domestic violence or abuse.
   (h) Any willful and knowing violation of any order granted
pursuant to subdivision (a), (b), (c), or (d) shall be a misdemeanor
punishable under Section 273.65 of the Penal Code.
   (i) A juvenile court restraining order related to domestic
violence issued by a court pursuant to this section shall be issued
on forms adopted by the Judicial Council of California and that have
been approved by the Department of Justice pursuant to subdivision
(i) of Section 6380 of the Family Code.  However, the fact that an
order issued by a court pursuant to this section was not issued on
forms adopted by the Judicial Council and approved by the Department
of Justice shall not, in and of itself, make the order unenforceable.

   (j) Information on any juvenile court restraining order related to
domestic violence issued by a court pursuant to this section shall
be transmitted to the Department of Justice in accordance with
subdivision (b) of Section 6380 of the Family Code.
  SEC. 13.5.  Section 213.5 of the Welfare and Institutions Code is
amended to read:
   213.5.  (a) After a petition has been filed pursuant to Section
311 to declare a child a dependent child of the juvenile court, and
until the time that the petition is dismissed or dependency is
terminated, upon application in the manner provided by Section 527 of
the Code of Civil Procedure, the juvenile court may issue ex parte
orders (1) enjoining any parent, guardian, or current or former
member of the child's household from molesting, attacking, striking,
sexually assaulting, stalking, or battering the child or any other
child in the household; (2) excluding any parent, guardian, or
current or former member of the child's household from the dwelling
of the person who has care, custody, and control of the child; and
(3) enjoining a parent, guardian, or current or former member of the
child's household from behavior, including contacting, threatening,
or disturbing the peace of the child, that the court determines is
necessary to effectuate orders under paragraph (1) or (2).
   (b) After a petition has been filed pursuant to Section 601 or 602
to declare a child a ward of the juvenile court, and until the time
that the petition is dismissed or wardship is terminated, upon
application in the manner provided by Section 527 of the Code of
Civil Procedure, the juvenile court may issue ex parte orders (1)
enjoining any parent, guardian or current or former member of the
child's household from molesting, attacking, threatening, sexually
assaulting, stalking, or battering the child; (2) excluding any
parent, guardian, or current or former member of the child's
household from the dwelling of the person who has care, custody, and
control of the child; or (3) enjoining the child from contacting,
threatening,  stalking, or disturbing the peace of any person the
court finds to be at risk from the conduct of the child, or with whom
association would be detrimental to the child.
   (c) In the case in which a temporary restraining order is granted
without notice, the matter shall be made returnable on an order
requiring cause to be shown why the order should not be granted, on
the earliest day that the business of the court will permit, but not
later than 15 days or, if good cause appears to the court, 20 days
from the date the temporary restraining order is granted.  The court
may, on the motion of the person seeking the restraining order, or on
its own motion, shorten the time for service on the person to be
restrained of the order to show cause.  Any hearing pursuant to this
section may be held simultaneously with any regularly scheduled
hearings held in proceedings to declare a child a dependent child or
ward of the juvenile court pursuant to Section 300, 601, or 602, or
subsequent hearings regarding the dependent child or ward.
   (d) The juvenile court may issue, upon notice and a hearing, any
of the orders set forth in subdivisions (a), (b), and (c).  Any
restraining order granted pursuant to this subdivision shall remain
in effect, in the discretion of the court, not to exceed  three
years, unless otherwise terminated by the court, extended by mutual
consent of all parties to the restraining order, or extended by
further order of the court on the motion of any party to the
restraining order.
   (e) (1) The juvenile court may issue an order made pursuant to
subdivision (a), (c), or (d) excluding a person from a residence or
dwelling.  This order may be issued for the time and on the
conditions that the court determines, regardless of which party holds
legal or equitable title or is the lessee of the residence or
dwelling.
   (2) The court may issue an order under paragraph (1) only on a
showing of all of the following:
   (A) Facts sufficient for the court to ascertain that the party who
will stay in the dwelling has a right under color of law to
possession of the premises.
   (B) That the party to be excluded has assaulted or threatens to
assault the other party or any other person under the care, custody,
and control of the other party, or any minor child of the parties or
of the other party.
   (C) That physical or emotional harm would otherwise result to the
other party, to any person under the care, custody, and control of
the other party, or to any minor child of the parties or of the other
party.
   (f) Any order issued pursuant to subdivision (a), (b), (c), or (d)
shall state on its face the date of expiration of the order.
   (g) The juvenile court shall order any designated person or
attorney to mail a copy of any order, or extension, modification, or
termination thereof, granted pursuant to subdivision (a), (b), (c),
or (d), by the close of the business day on which the order,
extension, modification, or termination was granted, and any
subsequent proof of service thereof, to each local law enforcement
agency designated by the person seeking the restraining order or his
or her attorney having jurisdiction over the residence of the person
who has care, custody, and control of the child and other locations
where the court determines that acts of domestic violence or abuse
against the child or children are likely to occur.  Each appropriate
law enforcement agency shall make available through an existing
system for verification, information as to the existence, terms, and
current status of any order issued pursuant to subdivision (a), (b),
(c), or (d) to any law enforcement officer responding to the scene of
reported domestic violence or abuse.
   (h) Any willful and knowing violation of any order granted
pursuant to subdivision (a), (b), (c), or (d) shall be a misdemeanor
punishable under Section 273.65 of the Penal Code.
   (i) A juvenile court restraining order related to domestic
violence issued by a court pursuant to this section shall be issued
on forms adopted by the Judicial Council of California and that have
been approved by the Department of Justice pursuant to subdivision
(i) of Section 6380 of the Family Code.  However, the fact that an
order issued by a court pursuant to this section was not issued on
forms adopted by the Judicial Council and approved by the Department
of Justice shall not, in and of itself, make the order unenforceable.

   (j) Information on any juvenile court restraining order related to
domestic violence issued by a court pursuant to this section shall
be transmitted to the Department of Justice in accordance with
subdivision (b) of Section 6380 of the Family Code.
  SEC. 14.  Section 5.5 of this bill incorporates amendments to
Section 6380 of the Family Code proposed by both this bill and AB 59.
  It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2000, (2) each bill amends
Section 6380 of the Family Code, and (3) this bill is enacted after
AB 59, in which case Section 5 of this bill shall not become
operative.
  SEC. 15.  Section 6.5 of this bill incorporates amendments to
Section 6380.5 of the Family Code proposed by both this bill and SB
218.  It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2000, (2) each bill
amends Section 6380.5 of the Family Code, and (3) this bill is
enacted after SB 218, in which case Section 6 of this bill shall not
become operative.
  SEC. 16.  Section 10.5 of this bill incorporates amendments to
Section 836 of the Penal Code proposed by both this bill and SB 218.
It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2000, (2) each bill amends
Section 836 of the Penal Code, and (3) this bill is enacted after SB
218, in which case Section 10 of this bill shall not become
operative.
  SEC. 17.  Section 13.5 of this bill incorporates amendments to
Section 213.5 of the Welfare and Institutions Code proposed by both
this bill and AB 1671.  It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2000,
(2) each bill amends Section 213.5 of the Welfare and Institutions
Code, and (3) this bill is enacted after AB 1671, in which case
Section 13 of this bill shall not become operative.
  SEC. 18.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
